The Internal Revenue Service issued guidance Tuesday to make temporary changes to section 125 cafeteria plans, with the goal of providing tax relief and flexibility in the midst of the novel coronavirus pandemic. The IRS is extending the claims period for health care flexible spending arrangements and dependent care assistance programs and enabling taxpayers to make mid-year changes to their accounts.
The guidance released Tuesday by the IRS deals with the unanticipated changes in expenses faced by many taxpayers as a result of the COVID-19 pandemic. The IRS is now allowing its previously provided temporary relief for high deductible health plans to be applied retroactively to Jan. 1, 2020, and also increases for inflation the $500 permitted carryover amount for health FSAs to $550.
Mark Pinsky is president and founder of CDFI Friendly America. He previously served as president and CEO of the Opportunity Finance Network and Current.
Oswaldo Acosta is CEO of City First Enterprises, a Washington, D.C., community Development Financial Institution.
Mike joined Simply Business in April 2018 and is Vice President of Insurance Panel and Partnerships and a member of the US Executive Leadership Team. In his role, Mike is responsible for driving product growth with new and existing panel insurance carriers as well as expanding Simply Business's distribution reach through strategic partners. Collaborating with insurance carriers, Mike's team helps bring new insurance products to market that benefit business owners while meeting small business customers where they are via distribution partnerships.
Mike brings 20 years of commercial property and casualty experience to Simply Business, having had previous underwriting and distribution roles at Liberty Mutual Insurance. Mike earned his bachelor's degree in finance from Bentley University in 2003 and his CPCU designation in 2009. Mike resides in the Greater Boston area with his wife and two sons.
In Notice 2020-29, the IRS is offering extra flexibility to taxpayers by:
- extending the claims periods for taxpayers to apply unused amounts remaining in a health FSA or dependent care assistance program for expenses incurred for those same qualified benefits through Dec. 31, 2020;
- expanding the ability of taxpayers to make mid-year elections for health coverage, health FSAs and dependent care assistance programs, allowing them to respond to changes in needs as a result of the COVID-19 pandemic; and
- applying earlier relief for high-deductible health plans to cover expenses related to COVID-19, and a temporary exemption for telehealth services retroactively to Jan. 1, 2020.
In conjunction with that notice, the IRS also issued Notice 2020-33, in response to the Trump administration’s Executive Order 13877, which directs the Treasury secretary to “issue guidance to increase the amount of funds that can carry over without penalty at the end of the year for flexible spending arrangements.” The notice ups the limit for unused health FSA carryover amounts from $500, to a maximum of $550, adjusted each year for inflation.



